工伤认定不予受理Work injury determination not accepted
1、对于工伤认定未能提交充分资料,同时在行政机关发出补正通知书后规定时间内未能做出补正的,工伤认定机关理应不受理。
2、对于工伤认定超过申请时效的,除特殊原因外(具体指劳动关系的确认、医疗尚未终结等),工伤认定机关可以驳回申请,不予受理。
3、伤者或者伤者家属、用人单位对所申请的不予受理的工伤认定决定不服的,可以于60日内向当地人民政府或者高一级人力资源和社会保障行政部门提起行政复议,或者在90日内直接向当地人民法院提起诉讼。
1. If sufficient information is not submitted for the determination of work-related injuries, and no correction is made within the specified time after the administrative authority issues the correction notice, the work-related injury determination authority should not accept it.
2. For work-related injury recognition that exceeds the application deadline, except for special reasons (specifically referring to the confirmation of labor relations, medical treatment not yet concluded, etc.), the work-related injury recognition authority may reject the application and refuse to accept it.
3. If the injured or their family members or employers are dissatisfied with the decision to reject the application for work-related injury recognition, they may file an administrative review with the local people's government or the higher-level human resources and social security administrative department within 60 days, or directly file a lawsuit with the local people's court within 90 days.